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ISCR Case 21-00856 — CASE

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ISCR Case 21-00856

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date7/19/2022
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Elizabeth M. Matchinski
Government Counsel: Carroll J. Connelley
Case Summary
The applicant in this case was a 25-year-old college graduate employed by a defense contractor, seeking security clearance eligibility. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline G (alcohol consumption) and Guideline J (criminal conduct). The allegations included a January 2020 DUI arrest, a September 2018 breach of peace charge, and a May 2018 disorderly conduct charge, all linked to excessive alcohol consumption.
During the proceedings, the applicant admitted to the arrests and provided context for each incident, asserting that he had moderated his drinking since then. He emphasized his commitment to maintaining his employment and noted that he had completed court-ordered alcohol intervention programs. The applicant's testimony indicated a recognition of past poor judgment related to alcohol but maintained that he did not have a drinking problem.
The administrative judge ruled in favor of the applicant, granting clearance eligibility. The judge concluded that the applicant had demonstrated sufficient mitigation by reducing his alcohol consumption and taking proactive steps to address his past behavior, including completing required programs and maintaining a stable employment record. The judge found that the applicant's current lifestyle and motivation to retain his job outweighed the previous incidents, determining that granting clearance was consistent with national security interests.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
- Guideline JCriminal Conduct · For Applicant
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Case Headnote

ISCR Case No. 21-00856

grantedJul 19, 2022· Hon. Elizabeth M. Matchinski· hearing

Summary

A 25-year-old defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The allegations stemmed from a January 2020 DUI conviction, a September 2018 arrest for breach of peace while intoxicated, and a May 2018 arrest for disorderly conduct, also while intoxicated. These incidents indicated a pattern of excessive alcohol consumption from May 2018 to at least January 2020, culminating in the serious misdemeanor of drunk driving.

The applicant admitted to the allegations and demonstrated significant mitigating factors. Following his DUI, he moderated his drinking and completed all required interventions. He also expressed remorse and showed a commitment to responsible behavior.

Additionally, the applicant's supervisor provided strong character references, attesting to his reliability and trustworthiness. The judge concluded that these actions and the applicant's demonstrated commitment to change outweighed the initial security concerns, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant moderated his drinking and completed required interventions after his DUI.
He demonstrated remorse and a commitment to responsible behavior, which mitigated security concerns.
The applicant's supervisor provided strong character references supporting his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions TakenThe applicant acknowledged his past alcohol use and demonstrated a clear pattern of modified consumption.
AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant's high-quality work and absence of alcohol-related behaviors provided evidence of rehabilitation.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 25, 2021
Answer filedSep 20, 2021
Hearing heldJun 8, 2022via MS Teams
Decision dateJul 19, 2022

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Successful Rehabilitation in the Context of Criminal Conduct Under Guideline J
Importance of Character References in Security Clearance Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: grantedTREATMENT COMPLETED · FAVORABLE

The judge found in favor of the applicant on all allegations under Guideline G, including a DUI conviction in January 2020 and two prior alcohol-related arrests in 2018. The applicant demonstrated a commitment to reducing alcohol consumption and was assessed as not needing further treatment, leading to a granted clearance eligibility.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant was convicted of a January 2020 driving under the influence (DUI) offense.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.b	While intoxicated, he was arrested in September 2018 for breach of peace for which he had to complete an alcohol-intervention course.	For Applicant	Alcohol Related Arrest	Admitted	—	—	—
1.c	While intoxicated, he was arrested in May 2018 for disorderly conduct for which he had to complete court-ordered community service.	For Applicant	Alcohol Related Arrest	Admitted	—	—	—
1.d	Applicant is also alleged under Guideline G to have consumed alcohol at time to excess and intoxication from about May 2018 to at least January 2020.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant committed a serious misdemeanor by drunk driving in January 2020. However, the judge ultimately ruled in favor of the applicant, granting clearance despite the criminal conduct.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant committed a serious misdemeanor by drunk driving in January 2020.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.